LOCAL BANKRUPTCY FORM [Caption as in Bankruptcy Official Form 16A]

Transcription

1 LOCAL BANKRUPTCY FORM NOTICE OF MOTION FOR RELIEF FROM STAY AND OPPORTUNITY FOR HEARING PURSUANT TO 11 U.S.C. 362(d) OBJECTION DEADLINE: (month/day/year). YOU ARE HEREBY NOTIFIED that a Motion for Relief from Stay has been filed, a copy of which is attached hereto. A hearing on the motion has been set for (month/day/ year) at (time) at the U.S. Bankruptcy Court, U.S. Custom House, th Street, Courtroom ( ), Fifth Floor, Denver, Colorado The hearing will be conducted in accordance with the provisions of L.B.R IF YOU DESIRE TO OPPOSE THIS MOTION, you must file with this court a WRITTEN OBJECTION to the motion on or before the objection deadline listed above and serve a copy upon movant s attorney, whose address is listed below. If you file an objection, you are REQUIRED to comply with L.B.R regarding hearing procedures, including (1) the timely submission and exchange of witness lists and exhibits and (2) attendance at the above-scheduled hearing in person or through counsel, if represented. IF YOU FAIL TO FILE AN OBJECTION, and the scheduled hearing will be vacated, an order granting the relief requested may be granted without further notice to you. 87

2 LOCAL BANKRUPTCY FORM RELIEF FROM STAY COVER SHEET FOR 11 U.S.C. 362(d) Date Petition Filed: Prior hearings on this obligation: Nature of Relief: Terminate Stay, Annul Stay, Modify Stay, Condition Stay, Other (describe) Is relief sought from the co-debtor s stay? Yes, No 1. MOVANT: Secured Creditor (name) Lessor (name) Other (describe) Moving Party's position (first trust deed, second, owner, etc.): 2. COLLATERAL: Real Property (type, address) Vehicle (year, make and model) Other personal property (describe) Fair market value of collateral: $ Source of value: If appraisal, date: 3. DEBT: Contract Balance: $, as of. Monthly Payment: $, includes: principal, interest, taxes, insurance, other. 4. DEFAULT: Pre-Petition Default: No. of months: Amount $ Post-Petition Default: No. of months: Amount $ Other default or amounts owed: Payment history attached to motion. If a default is alleged as to payment on the debt, attach a detailed payment history regarding the debt and arrearages. Notice of Default (date): Notice of Trustee s Sale (date): Advances to Senior Lienholders: $ 5. OTHER ALLEGATIONS: Lack of Adequate Protection, 11 U.S.C. 362(d)(1) No insurance Taxes unpaid Amount $ Rapidly depreciating asset Other (describe) No Equity and Not Necessary for an Effective Reorganization, 11.U.S.C. 362(d)(2) Other Cause, 11 U.S.C. 362(d)(1) Bad Faith (describe) 88

3 Other (describe) Movant seeking in rem relief, 11 U.S.C. 362(d)(4) Other pertinent information or reasons for filing motion (i.e. to pursue state court litigation): 6. OTHER LIENS AND ENCUMBRANCES: Specify name & status of other liens & encumbrances, if known (e.g. trust deeds, tax liens, etc): Position Name Amount Mo. Payment Defaults 1 st Trust Deed: $ $ $ 2 nd Trust Deed $ $ $ Other $ $ $ Other $ $ $ Totals $ $ $ 7. SIGNATURE: Commentary L.B. Form is a cover sheet only. While its completion is mandatory, it is not intended to be a substitute for submission of the motion pursuant to FED. R. BANKR. P and L.B.R Complete the sections and check the box(es) that are applicable to your motion. 89

4 LOCAL BANKRUPTCY FORM MOVANT'S CERTIFICATE OF NON-CONTESTED MATTER AND REQUEST FOR ENTRY OF ORDER (RE: MOTION FOR RELIEF FROM STAY) On (month/day/year), (name of Movant), filed a motion pursuant to Local Bankruptcy Rule entitled, (Docket No. ). Movant hereby verifies under penalty of perjury and shows the court: 1. Service of the notice and motion were timely made on all parties against whom relief is sought pursuant to L.B.R (a), or in the manner permitted by an order of the court, (Docket No. ), as is shown on the certificate of service previously filed with the notice. 2. A hearing on said motion/application was scheduled for (month/day/year) at (time). 3. No objections to or requests for hearing on the motion were received by the undersigned or filed with the court or, if filed, were withdrawn. WHEREFORE, Movant prays that the court forthwith enter an order, a form of which was submitted to the Court with the Motion (Docket No. ), granting the requested relief. 90

5 LOCAL BANKRUPTCY FORM ORDER ON MOTION FOR RELIEF FROM STAY, Movant, has filed herein a motion for relief from stay 1. [ ] to foreclose on and/or take possession and control of property described as follows:. 2. [ ] to proceed with the liquidation of claims involving the debtor or the debtor s estate pursuant to certain proceedings presently pending in:. 3. [ ] other:. The court, being duly advised, and any objections having been resolved, withdrawn, or overruled, hereby orders that the relief sought by the motion should be granted, and (Movant), is hereby granted relief from stay in order to proceed to take possession of, by way of the appointment of a receiver and otherwise, and to foreclose on the collateral above described, or if applicable, to proceed with the above described litigation (but not to seek to enforce any judgment (Movant). may obtain against the debtor personally or the debtor s post-petition property.) Dated: BY THE COURT: Commentary: United States Bankruptcy Judge The court, in its discretion, may use this proposed form of order or enter a virtual order. 91

6 LOCAL BANKRUPTCY FORM NOTICE OF MOTION REGARDING TERMINATION, ABSENCE, OR EXTENSION OF AUTOMATIC STAY OBJECTION DEADLINE: (month/day/year). YOU ARE HEREBY NOTIFIED that a Motion regarding (insert specific type of motion, i.e. termination, absence, extension or imposition of stay or determination that property is of consequential value) has been filed, a copy of which is attached hereto. A hearing on the motion has been set for (month/day/ year) at (time) at the U.S. Bankruptcy Court, U.S. Custom House, th Street, Courtroom ( ), Fifth Floor, Denver, Colorado IF YOU DESIRE TO OPPOSE THIS MOTION, you must file with this court a WRITTEN OBJECTION to the motion on or before the objection deadline listed above, and serve a copy upon Movant s attorney, whose address is listed below. If you file an objection, you are REQUIRED to comply with L.B.R (c) regarding hearing procedures, including (1) the timely submission and exchange of witness lists and exhibits and (2) attendance at the above-scheduled hearing in person. IF YOU FAIL TO FILE AN OBJECTION, the scheduled hearing will be vacated and an order granting the relief requested may be granted without further notice to you. 92

7 LOCAL BANKRUPTCY FORM ORDER CONFIRMING TERMINATION OR ABSENCE OF STAY, Movant, has filed herein a request seeking an order confirming termination or absence of the automatic stay of 11 U.S.C. 362(c). [ ] [insert as applicable stay terminated after 30 days] The record reflects that the debtor(s) previously filed a bankruptcy petition less than one year prior to the current filing but was dismissed. Pursuant to 11 U.S.C. 362(c)(3), the court confirms that the stay as to terminated effective, (month/day/year), thirty (30) days following the petition date. [ ] [insert as applicable absence of stay] The record reflects that the debtor(s) had two (2) or more bankruptcy petitions pending within the one year period prior to the current filing but were dismissed. Pursuant to 11 U.S.C. 362(c)(4)(A)(ii), the court confirms that no stay is in effect. [ ] [insert as applicable absence of stay with respect to specific property] The record reflects that the debtor(s) failed to comply with 11 U.S.C. 521(a)(2). Pursuant to 11 U.S.C. 362(h), it is the order of this court that the stay does not apply to the following personal property: (description of personal property), and such property is no longer property of the estate. Dated: BY THE COURT: United States Bankruptcy Judge 93